Labor Inspection Preparation

Chapter 6 Employment Adjustment

If a worker requests leave due to his spouse giving birth, the employer shall grant him leave of three days or more within five days. The first three days shall be paid leave. ※ Punishable with a fine not to exceed five million WON

(1) Related ACT: Paternity leave (Article 18-2)
1)When 30 days have passed from the date of childbirth, paternity leave is not available.
2)Paternity leave will be given 3 days in principle, but it is allowed for the employee to use leave shorter than 3 days.
3)Within 30 days after the date of childbirth, a male employee may be given designated dates by his request.
(2)Paternity leave is non-paid leave by the law, but it can be stipulated as paid leave according to collective agreement or Rules of Employment (ROE).


*Equal Employment Opportunity and Work-Family Balance Assistance Act

Article 18-2 (Paternity Leave)
(1) Where a male worker requests leave on grounds of his spouse's childbirth, the employer shall grant leave for at least three up to five days. In such cases, he shall be paid for the first three days out of the period of leave used.
(2) No leave provided for in paragraph (1) may be requested after the lapse of 30 days from the date the spouse of the relevant worker gave birth.
[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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